Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 4---Appeal---Limitation---Time-barred 'departmental appeal---Grievance of authorities was that departmental representation of civil servant was barred by limitation and on the basis of such representation Service Tribunal could not reinstate him in service--Validity-Service Tribunal should have taken note of the fact that appeal before departmental authority being time-barred, appeal by civil servant before Service Tribunal was incompetent---Civil servant proceeded on leave preparatory to retirement on 16-12-2002 and preferred appeal before departmental authority on 31-7-2003, which, on the face of record, was time-barred---Mere fact that department did not notice such fact would not make the service appeal of civil servant within time---Appeal before Service Tribunal being time-barred and incompetent, Supreme Court converted petition for leave to appeal into appeal and set aside the order passed by Service Tribunal---Appeal was allowed. The Chairman P.I.A.C. and others v. Nasim Malik PLD 1990 SC 951 and State Bank of Pakistan v. Khyber Zaman and others 2004 SCMR 1426 rel. Pakistan Automobile Corporation Limited through Chairman v. Mansoor-ul-Haque and 2 others 2004 SCMR 1308 ref. (b) Civil service--- ----Leave preparatory to retirement---Revoking of option---Principle---Where civil servant, after enjoying substantial part of such leave revokes same, such revocation cannot be permitted. Province of Punjab through the Deputy Director Food, Rawalpindi Region v. Muhammad Iqbal 1984 SCMR 334 and Secretary to Government of Punjab, Food and Cooperative Department v. Shamoun Bahadur 1998 SCMR 1536 rel. Muhammad Tasnim, Advocate Supreme Court and Ahmadullah Faruqi, Advocate-on-Record for Petitioner. Respondent in person. Date of hearing: 20th July, 2005. ORDER HAMID ALI MIRZA, J.-----This petition for leave to appeal is directed against the judgment, dated 6-10-2003 in Appeal No.213 of 2003 passed by the Sindh Service Tribunal, whereby said appeal filed by the respondent, Syed Ashfaq Hussain Shah was allowed and the impugned orders, dated 18-11-2002 and 30-10-2003 were set aside and he was reinstated in service. 2. Facts…

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